Law:

Section:

Penal Code (XLV of 1860)---S. 302/34-[Murder-case]-Appreciation of evidence-Eye-witness account given by prosecution witnesses-Discrepant and inconsistent­ Such statements also materially differing from version given in F. I. R. - Eye-witnesses also closely related to deceased Parties proved to have been on inimical terms-Some prosecution witnesses not even named in F. I. R.-Recoveries not proved by recovery witness, prosecution, held, failed to bring home charge to accused appellant. JUDGMENT SHAFI-UR-REHMAN, J.-The three appellants along with four others were tried for catching hold of Iqbal deceased removing him to the shop of Bashir (acquitted accused) and inflicting on him injures resulting in his death. The trial Court found the appellants and their companion Nazir guilty of the offences under sections 302/34 and, 342, P. P. C. For the first offence they were sentenced to life imprisonment and a fine of Rs. 1,000, each, or in default to suffer one year's rigorous imprisonment each. They were also sentenced to undergo rigorous imprisonment for one year under section 342, P. P. C. They appealed against their conviction and sentence and succeeded to this extent that Nazir convicted by the trial Court, was acquitted as his name was not mentioned in the F. I. R. and the three appellants were acquitted of the charge under section 302/34, P. P. C. and instead were convicted under section 326,134, P. P. C. and sentenced to ten year's rigorous imprisonment and the fine as ordered by the trial Court. Their conviction and sentence under section 342, P. P. C. was maintained. In a separate trial, Yusuf appellant was found guilty under section 13 of the Arms Ordinance for possessing without licence a spear. He was sentenced, to six months' rigorous imprisonment which conviction and sentence was maintained in the High Court. 2. Leave to appeal was granted to the appellants on 15-1-1978 to examine whether the eye-witnesses produced in the case could be believed in spite of different versions of the weapons of offence carried by the appellants and their associates given by them and the fact that the names of two eye-witnesses Mst. Sardar Bibi and Mst. Begum Bibi were not…

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